FEHA prohibits age discrimination in all areas of employment for workers over the age of 40 in the state of California and extends coverage to employers with five or more full-time or part-time workers. The Age Discrimination Act (ADEA) prohibits age discrimination at the federal level and applies to companies with more than 15 employees.
Does California Enforce Age Discrimination?
California’s age discrimination statutes are to be enforced “with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.” Thus, employment practices that have a disparate impact on older workers as a group may constitute age discrimination. Often times, employers get creative to evade age discrimination liability by engaging in an alleged “reduction in force.” Most cases, the oldest employees are terminated as a result of this alleged reduction.
This is illegal.
Pension and retirement plans that require employees to retire at a specific age are generally unenforceable, although there are some minor exceptions.
How to establish age discrimination:
- The employee must prove, either by direct or indirect evidence, that the adverse employment action was taken because of his/her age.
- Derogatory and negative comments relating to an employee’s age is an example of direct evidence of age discrimination. Age discrimination can also be established by offering evidence that the employee was replaced by someone significantly younger or that significantly younger employees in similar positions were treated more favorably. Salary differentials between.
- The use of salary as the basis for differentiating between employees when terminating employment may be found to constitute age discrimination “if use of that criterion adversely impacts older workers as a group.”
Duel Law Firm has successfully obtained multiple six and seven figure payouts on behalf of individual employee and class action matters. We have extensive experience representing aggrieved employees in matters involving discrimination, harassment, retaliation, wage and hour violations, and wrongful termination.Duel Law Firm protects the rights of countless employees seeking to secure compensation and justice after being victimized by their employers. Duel Law Firm is dedicated to protecting the rights of all employees in the workplace. Below, you can find a portfolio of a few of the employment matters that we have handled, as well as the general areas in Employment Law that the Firm specializes in.
Prior to forming Duel Law Firm, PC, Jasmine Duel was a partner at a premiere boutique law firm specializing in plaintiff’s employment law and general civil litigation. Jasmine Duel’s primary expertise is in employment law. She understands both the emotional and financial implications of employment claims, and understands that employment claims are personal and sensitive. Such claims often arise throughout the course of an employee’s dedicated and loyal service to an employer who ultimately abuses its power and illegally discriminates or retaliates against the employee, leaving the employee helpless. Ms. Duel has made it her mission to effectively represent such aggrieved employees.
Age discrimination is wrong.
If you suspect your employer terminated you because of your age, do not hesitate to contact us at Duel Law to speak to a skilled attorney. We specialize in age discrimination and have been successful in recovering millions of dollars on behalf of our clients.
Call Duel Law Firm Today!
You do not have to tolerate this unacceptable behavior. For questions about age discrimination and to speak to our skilled staff, do not hesitate to contact us at Duel Law. You are not alone.
Duel Law has been successful at collecting millions of dollars on behalf of employees that have dealt with age discrimination.
